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Mental Health (Care and Treatment) (Scotland) Act 2003, Section 189 is up to date with all changes known to be in force on or before 30 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(1)This section applies where a patient is subject to a compulsion order and a restriction order.
(2)If—
(a)during the period of 2 years ending with the relevant day—
(i)no reference under section 185(1) or 187(2) of this Act has been [F1determined by] the Tribunal; and
(ii)no application under section 191 or 192(2) of this Act has been [F1determined by] the Tribunal; and
(b)during each period of 2 years ending with the anniversary, in every year thereafter, of the relevant day—
(i)no reference such as is mentioned in paragraph (a)(i) above or, subject to subsection (3) below, under this subsection has been [F1determined by] the Tribunal; and
(ii)no application such as is mentioned in paragraph (a)(ii) above has been [F1determined by] the Tribunal,
the Scottish Ministers shall make a reference to the Tribunal in respect of the compulsion order and restriction order to which the patient is subject.
(3)The Scottish Ministers shall, in considering, under subsection (2)(b)(i) above, whether a reference has been [F2determined by] the Tribunal during any 2 year period, leave out of account any reference made under subsection (2) above [F3that has been determined by it] during the first year of that 2 year period.
(4)Where a reference is made under subsection (2) above, the Scottish Ministers shall, as soon as practicable, give notice that a reference is to be or, as the case may be, has been made to the persons mentioned in paragraphs (a) to (g) of section 185(2) of this Act.
(5)A reference under subsection (2) above shall state—
(a)the name and address of the patient;
(b)the name and address of the patient’s named person; and
(c)the reason for making the reference.
(6)In subsection (2) above, the “relevant day” means the day which falls 2 years after the day on which the compulsion order is made.
Textual Amendments
F1Words in s. 189(2) substituted (30.6.2017) by Mental Health (Scotland) Act 2015 (asp 9), ss. 21(3)(a), 61(2); S.S.I. 2017/197, art. 2, sch. (with art. 12(b))
F2Words in s. 189(3) substituted (30.6.2017) by Mental Health (Scotland) Act 2015 (asp 9), ss. 21(3)(b)(i), 61(2); S.S.I. 2017/197, art. 2, sch. (with art. 12(b))
F3Words in s. 189(3) inserted (30.6.2017) by Mental Health (Scotland) Act 2015 (asp 9), ss. 21(3)(b)(ii), 61(2); S.S.I. 2017/197, art. 2, sch. (with art. 12(b))
Modifications etc. (not altering text)
C1S. 189(6) excluded (5.10.2005) by Mental Health (Care and Treatment) (Scotland) Act 2003 (Transitional and Savings Provisions) Order 2005 (S.S.I. 2005/452), arts. 1, 20(3)
Commencement Information
I1S. 189 in force at 5.10.2005 by S.S.I. 2005/161, art. 3 (as substituted (1.7.2005) by S.S.I. 2005/375, art. 2 and as amended (22.9.2005) by S.S.I. 2005/459, art. 2)
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